Lebbering v. Struthers, Wells & Co.

Citations

• 157 Pa. 312
• 27 A. 720
• 1893 Pa. LEXIS 1421

Syllabus

<p>Negligence — Master and servant — Instruction of servant — Dangerous machine — Vice principal.</p> <p>Before putting an inexperienced employee in charge of dangerous machinery, with the use of which he is unacquainted, it is the positive duty of the employer to instruct and properly qualify him for such new service. U he cannot perform that duty himself, he must provide a competent person to give such necessary instruction; and whether the person selected for that purpose be a co-employee of the promoted servant or not, the employer must see to it that he is a competent and trustworthy instructor; otherwise he will be liable for the consequence of his incompetency or negligence. The person to whom the duty of giving the necessary instructions in such cases is delegated, represents the employer and, pro hac, occupies the position of: vice principal.</p> <p>Plaintiff was injured while working at a machine for riveting boilers. Evidence for plaintiff tended to show that the accident occurred through lack of skill and proper care of a fellow employee, a young and inexjierieneed man who had been placed at work on the machine without having been instructed as to its use. There was also evidence tending to show that it was dangerous to intrust the operation of such a machine to any one not sufficiently instructed in its proper use, and that neither plaintiff nor his fellow servant had been so instructed. Held, that the ease was for the jury.</p>